When Do You Make a Motion to Compel Discovery in Traffic Court
My question involves traffic court in the State of: California
If my Informal Discovery Request is ignored and I have not yet gone to arraignment, do I request a court order for prosecution to provide discovery at arraignment or do I schedule a different hearing to do that?
Re: Court Order at Arraignment or Other
Please stop creating multiple threads to answer the same question over and over again.
Re: Court Order at Arraignment or Other
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flyingron
Please stop creating multiple threads to answer the same question over and over again.
Please send me a link to where I asked this question and it has been properly answered.
Re: Court Order at Arraignment or Other
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HawkMan
Please send me a link to where I asked this question and it has been properly answered.
What makes you think you are going to get a more proper answer by abusing the volunteers of this forum?
You've been told in TWO different threads that you're not going to get a dismissal just because you didn't get discovery EVEN if you did everything properly. You certainly are NOT going to get it based purely on a motion where you cry that you want your ticket dismissed because you didn't get discovery. You're going to have to actually go to your court date and show how the lack of discovery prejudiced your ability to provide a defense. Even then, you're not likely to get a dismissal.
Re: Court Order at Arraignment or Other
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flyingron
What makes you think you are going to get a more proper answer by abusing the volunteers of this forum?
You've been told in TWO different threads that you're not going to get a dismissal just because you didn't get discovery EVEN if you did everything properly. You certainly are NOT going to get it based purely on a motion where you cry that you want your ticket dismissed because you didn't get discovery. You're going to have to actually go to your court date and show how the lack of discovery prejudiced your ability to provide a defense. Even then, you're not likely to get a dismissal.
I never meant to seem "abusive," people have made this assumption that I want to achieve dismissal because of lack of discovery, and then respond by saying "you won't get it dismissed" without answering the question.
Where have I said that I was going to get a dismissal?
What if I want to file a motion for a court reporter to be at trial?
All I want to know is if the arraignment is the proper place to file a motion or if I have to go to some other hearing.
I'm sorry if I have come off as "abusive," it is seriously not my intention whatsoever. My writing may show that I am a little frustrated that peoples assumptions are preventing them from answering the question. Again, I'm sorry if I offended anyone, I'm just trying to understand the process.
Re: Court Order at Arraignment or Other
You were told not to create multiple threads, but you did so anyhow. When your errors are pointed out you made RUDE responses. You are abusive even if you're too self-centered to recognize it. z
You can certainly make the motion at the arraignment, but I can guarantee it's not going to be granted at that point. A better request would be one to ask the judge to compel discovery.
The issue is are you trying to actually discover something or are you just trying to game the system using a discovery request. Understand that discovery only relates to certain existent documents. There just isn't much there that's discoverable on a traffic citation. Perhaps the back side of the citation with the officer's notes. They're not going to call any witnesses other than the officer and there likely isn't anything more.
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Where have I said that I was going to get a dismissal?
From your previous thread:
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E.g. Motion to dismiss due to prosecutions failure to provide a timely discovery?
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What if I want to file a motion for a court reporter to be at trial?
Why on earth do you think you have the right to a court reporter? A court reporter will either be provided or an audio recording will be made. Until you lose the case and are trying to figure out an appeal, it's largely immaterial.
All I want to know is if the arraignment is the proper place to file a motion or if I have to go to some other hearing.
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I'm sorry if I have come off as "abusive," it is seriously not my intention whatsoever. My writing may show that I am a little frustrated that peoples assumptions are preventing them from answering the question. Again, I'm sorry if I offended anyone, I'm just trying to understand the process.
You're doing it again. I recommend you reconsider your attitude, it doesn't fly here and it will get you even less in court.
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flyingron
You were told not to create multiple threads, but you did so anyhow. When your errors are pointed out you made RUDE responses. You are abusive even if you're too self-centered to recognize it. z
You can certainly make the motion at the arraignment, but I can guarantee it's not going to be granted at that point. A better request would be one to ask the judge to compel discovery.
The issue is are you trying to actually discover something or are you just trying to game the system using a discovery request. Understand that discovery only relates to certain existent documents. There just isn't much there that's discoverable on a traffic citation. Perhaps the back side of the citation with the officer's notes. They're not going to call any witnesses other than the officer and there likely isn't anything more.
I'm sorry for for coming off rude and self-centered, it was not my intention. I want to treat everyone with respect, especially those who are offering their time to help others (and also doing so for free). I do appreciate your effort to help the many people on this forum.
I'm not trying to game the system. I actually do want to receive discovery, otherwise I wouldn't have bothered to pay almost $15 to have it mailed to the DA and Sheriff Office.
I have sent a discovery request for:
Officers notes on the reverse side of the notice to appear
The names and addresses of all prosecution witnesses who will testify at trial
Any engineering and traffic survey which justifies the prima facie speed limit
If the IDR is ignored my intention would be to file a motion: NOTICE OF MOTION FOR PRECLUSION OF TESTIMONY; FOR EXCLUSION OF EVIDENCE; OR IN THE ALTERNATIVE FOR DISCLOSURE AND MONETARY SANCTIONS; DECLARATION; POINTS AND AUTHORITIES
If the judge precludes the officers testimony or excludes evidence, I should win at trial.
If the judge orders disclosure I can see what evidence there may be if the speed limit was justified
If the court order is ignored after being served I would request that they are held in contempt of court or to dismiss the action.
What I'm confused about is the process.
I didn't know if I can go to arraignment, plead not guilty, and file the motion at arraignment or if I have to plead not guilty and schedule a "motion" hearing before trial.
Alternatively I would really like to go to arraignment and request a Trial by Written Declaration, but if I do not get a response to my IDR then I'm unsure if I can file a "motion" hearing before the TBWD due date.
And if found guilty in the TBWD and I request a Trial de Novo and receive a notice of my Trial Date, I am unsure if I would need to send another discovery request for everything previously requested or only to get a copy of the officers declaration.
And then depending on if that discovery request was responded to, file a motion, court order, etc...
Re: Court Order at Arraignment or Other
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flyingron
You're going to have to actually go to your court date and show how the lack of discovery prejudiced your ability to provide a defense.
That is not true.
Hawkman, you are on the right track. Keep at it. I have posted more in your other thread.
Re: Court Order at Arraignment or Other
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thewiseone
That is not true.
Hawkman, you are on the right track. Keep at it. I have posted more in your other thread.
Thank you very much! Your answer was exactly the type of information I was looking for!
I have responded to you on that thread here: http://www.expertlaw.com/forums/show...=191922&page=2
If you don't mind I asked you another question, I'm trying to understand the process and what to prepare for :)